on Government Organization; and then to the Committee on the
Judiciary.]

____________

A BILL to amend and reenact §3-1-19, §3-1-20, §3-1-21, §3-1-21a,
§3-1-24 and §3-1-25 of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-3-2 and §3-3-11 of said code;
to amend and reenact §3-4-10, §3-4-12 and §3-4-12a of said
code; to amend and reenact §3-4A-12, §3-4A-13 and §3-4A-13a of
said code; to amend and reenact §3-5-7, §3-5-8, §3-5-8a, §3-5-
9, §3-5-11, §3-5-12, §3-5-13a, §3-5-18, §3-5-19, §3-5-23 and
§3-5-24 of said code; to amend and reenact §3-6-4 and §3-6-4a
of said code; and to amend and reenact §3-10-6 of said code,
all relating to transferring certain election duties from the
circuit clerk to the clerk of the county commission.

Be it enacted by the Legislature of West Virginia:
That §3-1-19, §3-1-20, §3-1-21, §3-1-21a, §3-1-24 and §3-1-25
of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §3-3-2 and §3-3-11 of said code be amended and
reenacted; that §3-4-10, §3-4-12 and §3-4-12a of said code be
amended and reenacted;
that §3-4A-12, §3-4A-13 and §3-4A-13a of
said code be amended and reenacted; that §3-5-7, §3-5-8, §3-5-8a,
§3-5-9, §3-5-11, §3-5-12, §3-5-13a, §3-5-18, §3-5-19, §3-5-23 and
§3-5-24 of said code be amended and reenacted; that §3-6-4 and §3-
6-4a of said code be amended and reenacted; and that §3-10-6 of
said code be amended and reenacted, all to read as follows:ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

In each county in the state, the clerk of the county
commission while holding such office, and two persons by him
appointed by him or her, one from each of the two political parties
which cast the largest and second largest number of votes in the
state at the last preceding general election, shall constitute a
board of ballot commissioners. of which board the saidThe clerk
shall be chairman. It shall be the duty of the clerk of said court
to notify the chairman of the respective county executive
committees of suchthe two parties, at least five days before
making such appointments, of the time and place of making the same,
and ifappointments.If at any time after such notice is given,
and before or on the day so fixed for making such appointments, the
chairman of either of saideach of the committees shall designate,
in writing, a member of such party as ballot commissioner. having the qualifications of a voter, heEach designee shall be appointed
if he or she meets the qualifications of a voter. Ballot
commissioners shall be appointed between the fifteenth and
thirtieth days of January in each year in which a general election
is to be held, for a term of two years beginning on the first day
of February next ensuing. Provided, That in the year one thousand
nine hundred sixty-eight, such ballot commissioners shall be
appointed between the first and the tenth days of February, for a
term beginning on the eleventh day of February of said year and
ending on the thirty-first day of January, one thousand nine
hundred seventy. They shall perform the duties of suchballot
commissioners at all general, special and primary elections held in
the county or any magisterial district thereof during their term of
office. A vacancy shall be filled in the same manner as an
original appointment, but immediate notice of a vacancy shall,
where necessary, be deemed compliance with the five-day notice
provision.§3-1-20. Cards of instructions to voters; sample ballots; posting.
(a) The board of ballot commissioners of each county shall
provide cards of general information which will provide the date of
the election and the hours during which polling places will be
open, instruction for mail-in registrants and first-time voters and
voters' rights and prohibitions against fraud and misrepresentation
and cards of instruction for voters in preparing their ballots and
casting a provisional ballot as prescribed by the Secretary of State. They shall furnish a sufficient number of cards to the
commissioners of election at the same time they deliver the ballots
for the precinct.
(b) The commissioners of election shall post one instruction
card in each voting booth giving instructions to the voters on how
to prepare the ballots for deposit in the ballot boxes and how to
obtain a new ballot in place of one accidentally spoiled.
(c) The commissioners of election shall post one or more other
cards of general information at places inside and outside of the
voting place where voters pass or wait to vote. The commissioners
shall also post the official write-in candidates in the same
locations inside and outside of the voting place.
(d) The ballot commissioners shall have printed, on a
different color paper than the official ballot, ten or more copies
of sample ballots for each voting place for each election. Sample
ballots shall be furnished and posted with the cards of general
information at each voting place.
(e) During the period of early in-person voting, the official
designated to supervise and conduct absentee votingclerk of the
county commission shall post the cards of general information, a
list of official write-in candidates and sample ballots within the
area where absentee voting is conducted.

§3-1-21. Printing of official and sample ballots; number;
packaging and delivery, correction of ballots.

(a) The board of ballot commissioners for each county shall provide the ballots and sample ballots necessary for conducting
every election for public officers in which the voters of the
county participate.
(b) The persons required to provide the ballots necessary for
conducting all other elections are:
(1) The Secretary of State, for any statewide special election
ordered by the Legislature;
(2) The board of ballot commissioners, for any countywide
special election ordered by the county commission;
(3) The Board of Education, for any special levy or bond
election ordered by the Board of Education; or
(4) The municipal board of ballot commissioners, for any
election conducted for or within a municipality except an election
in which the matter affecting the municipality is placed on the
county ballot at a county election. Ballots other than those
printed by the proper authorities as specified in this section
shall not be cast, received or counted in any election.
(c) When paper ballots are used, the total number of regular
official ballots printed shall equal one and one-twentieth times
the number of registered voters eligible to vote that ballot. The
circuit clerk of the county commission shall determine the number
of absentee official ballots.
(d) The number of regular official ballots packaged for each
precinct shall equal the number of registered voters of the
precinct. The remaining regular official ballots shall be packaged and delivered to the circuit clerk of the county commission who
shall retain them unopened until they are required for an
emergency. Each package of ballots shall be wrapped and sealed in
a manner which will immediately make apparent any attempt to open,
alter or tamper with the ballots. Each package of ballots for a
precinct shall be clearly labeled in a manner which cannot be
altered, with the county name, the precinct number and the number
of ballots contained in each package. If the packaging material
conceals the face of the ballot, a sample ballot identical to the
official ballots contained therein shall be securely attached to
the outside of the package or, in the case of ballot cards, the
type of ballot shall be included in the label.
(e) All absentee ballots necessary for conducting absentee
voting in all voting systems shall be delivered to the circuit
clerk of the county commission of the appropriate county not later
than the forty-second day before the election. In counties where
the clerk of the county commission is responsible for conducting
absentee voting, the circuit clerk shall transfer the absentee
ballots to the clerk of the county commission prior to the
beginning of absentee voting. All official ballots in paper ballot
systems shall be delivered to the circuit clerk of the county
commission of the appropriate county not later than twenty-eight
days before the election.
(f) Upon a finding of the board of ballot commissioners that
an official ballot contains an error which, in the opinion of the board, is of sufficient magnitude as to confuse or mislead the
voters, the board shall cause the error to be corrected either by
the reprinting of the ballots or by the use of stickers printed
with the correction and of suitable size to be placed over the
error without covering any other portion of the ballot.

(a) The printing of ballots for any election to be held
pursuant to the provisions of this chapter shall be contracted for
with a vendor authorized in accordance with the provisions of this
section.
(b) Any vendor authorized to do business in West Virginia and
in good standing may apply for a certificate of authorization to
print ballots for elections in this state: Provided, That any
individual, partnership, association or corporation who does not
qualify as a resident vendor pursuant to the provisions of section
thirty-seven-a, article three, chapter five-a of this code or who
prints the ballots in a state which prohibits that state or any of
its political subdivisions from contracting with West Virginia
resident vendors for the printing of ballots or which prohibits the
printing of ballots outside of such state, is not eligible to
obtain a certificate of authorization.
(c) (1) Every vendor desiring to print ballots for elections held pursuant to the provisions of this chapter shall, prior to the
execution of any contract for the printing of ballots with any
state, county, or municipal government, obtain a certificate of
authorization to print ballots.
(2) A certificate of authorization may be obtained by
application to the Secretary of State, upon a form prescribed by
the Secretary of State. whichThe form shall include a statement
that all printing, packaging and delivery specifications for
ballots set forth in this chapter will be substantially met, and
that the vendor applying for certification is eligible in
accordance with the provisions of this section.
(3) Upon receipt of the completed application, the Secretary
of State shall issue a certificate of authorization to print
ballots, which certificate shall remain in effect for two years
from the date of issuance and may be renewed upon application
therefor: Provided, That the Secretary of State may deny the
application to issue or renew the certificate of authorization, or
may suspend or revoke the certificate of authorization upon a
determination that the vendor has not substantially complied with
the printing, packaging and delivery specifications in the printing
of ballots for any state, county or municipal election, or that the
vendor is not eligible or is no longer eligible to print ballots
pursuant to the provisions of this section. The Secretary of State
shall give written notice of any such determination by certified
mail, return receipt requested, to the vendor setting forth the reason for the suspension, revocation or the denial of the
application or the denial of the renewal thereof. The applicant
may, within sixty days of the receipt of such denial, file a
written appeal with the State Election Commission. The State
Election Commission shall promulgate rules establishing a hearing
process for such appeals.
(d) On or before the second Monday of January of each year,
the Secretary of State shall provide a list of all vendors
authorized to print ballots for state, county and municipal
elections to the clerk of each circuit courtcounty commission of
this state.§3-1-24. Obtaining and delivering election supplies.
(a) It shall be the duty of the clerk of the county commission
to appoint one or more of the commissioners of election or poll
clerks at each precinct of the county to attend at the offices
office of the clerksclerk of the circuit court and county
commission as the case may be, at least one day before each
election to receive the ballots, ballot boxes, poll books,
registration records and forms and all other supplies and materials
for conducting the election at the respective precincts. The
clerksclerk shall take a receipt for the respective materials
delivered to the commissioners of election or poll clerks and shall
file the receipt in their respective officeshis or her office. It
shall be the duty of the commissioners or poll clerks to receive
the supplies and materials from the respective clerksclerk and to deliver them with the seal of all sealed packages unbroken at the
election precinct in time to open the election.
(b) The commissioners or poll clerks, if they perform the
messenger services, shall receive the per diem and mileage rate
prescribed by law for this service.
(c) Ballots shall be delivered in sealed packages with seals
unbroken. For general and special elections the delivered ballots
shall not be in excess of one and one-twentieth times the number of
registered voters in the precinct. For primary elections the
ballots for each party shall be in a separately sealed package
containing not more than one and one-twentieth times the number of
registered voters of each party in the election precinct.
(d) For primary elections one copy of the poll books,
including the written or printed forms for oaths of commissioners
of election and poll clerks, shall be supplied at each voting
precinct for each political party appearing on the primary ballot.
(e) There shall be two ballot boxes for each election precinct
for which a receiving and a counting board of election
commissioners have been appointed.§3-1-25. Supplies by special messenger.
In case any commissioner of election or poll clerk fails to
appear at the offices of the clerksclerk of the county commission
and circuit courts by the close of the clerk's office on the day
prior to any election, the board of ballot commissioners, the
chairman or the circuit clerk of the county commission shall forthwith dispatch a special messenger to the commissioners of
election of each respective precinct with the ballots, registration
records, ballot boxes, poll books and other supplies for the
precinct. The messenger, if not a county employee, shall be
allowed five dollars for this service. The messenger shall also
receive mileage up to the rate of reimbursement authorized by the
travel management rule of the Department of Administration for each
mile necessarily traveled in the performance of his or her
services. The messenger shall promptly report to the clerks of the
circuit court andclerk of county commission respectively, and file
with the clerksclerk the receipts of the person to whom he or she
delivered the ballots and other supplies and his or her affidavit
stating when and to whom he or she delivered them.ARTICLE 3. VOTING BY ABSENTEES.

(a) Absentee voting is to be supervised and conducted by the
proper official for the political division in which the election is
held, in conjunction with the ballot commissioners appointed from
each political party, as follows:
(1) For any election held throughout the county, within a
political subdivision or territory other than a municipality, or
within a municipality when the municipal election is conducted in
conjunction with a county election, the clerk of the county commission; Provided, That if the clerk of the county commission
and the clerk of the circuit court jointly petition the county
commission setting forth their agreement that the clerk of the
circuit court should continue to supervise and conduct the absentee
voting, the county commission shall designate the clerk of the
circuit court to supervise and conduct the absentee voting or
(2) The municipal recorder or other officer authorized by
charter or ordinance provisions to conduct absentee voting, for any
election held entirely within the municipality, or in the case of
annexation elections, within the area affected. The terms "clerk"
or "circuit clerk" "clerk of the county commission" or "official
designated to supervise and conduct absentee voting" used elsewhere
in this article means municipal recorder or other officer in the
case of municipal elections.
(b) A person authorized and desiring to vote a mail-in
absentee ballot in any primary, general or special election is to
make application in writing in the proper form to the proper
official as follows:
(1) The completed application is to be on a form prescribed by
the Secretary of State and is to contain the name, date of birth
and political affiliation of the voter, residence address within
the county, the address to which the ballot is to be mailed, the
authorized reason, if any, for which the absentee ballot is
requested and, if the reason is illness or hospitalization, the
name and telephone number of the attending physician, the signature of the voter to a declaration made under the penalties for false
swearing as provided in section three, article nine of this chapter
that the statements and declarations contained in the application
are true, any additional information which the voter is required to
supply, any affidavit which may be required and an indication as to
whether it is an application for voting in person or by mail; or
(2) For any person authorized to vote an absentee ballot under
the provisions of 42 U. S. C. §1973, et seq., the Uniformed and
Overseas Citizens Absentee Voting Act of 1986, the completed
application may be on the federal postcard application for absentee
ballot form issued under authority of that act; or
(3) For any person unable to obtain the official form for
absentee balloting at a reasonable time before the deadline for an
application for an absentee ballot by mail is to be received by the
proper official, the completed application may be in a form set out
by the voter, provided all information required to meet the
provisions of this article is set forth and the application is
signed by the voter requesting the ballot.

§3-3-11. Preparation, number and handling of absent voters'
ballots.

(a) Absent voters' ballots are to be in all respects like
other ballots. Not less than seventy days before the date on which
any primary, general or special election is to be held, unless a
lesser number of days is provided for in any specific election law
in which case the lesser number of days applies, the clerks of the circuit courtscounty commissions of the several counties shall
estimate and determine the number of absent voters' ballots of all
kinds which will be required in their respective counties for that
election. The ballots for the election of all officers, or the
ratification, acceptance or rejection of any measure, proposition
or other public question to be voted on by the voters, are to be
prepared and printed under the direction of the board of ballot
commissioners constituted as provided in article one of this
chapter. The several county boards of ballot commissioners shall
prepare and have printed, in the number they may determine, absent
voters' ballots that are to be printed under their directions as
provided in this chapter and those ballots are to be delivered to
the clerk of the circuit courtcounty commission of the county not
less than forty-two days before the day of the election at which
they are to be used. In counties where the clerk of the county
commission is responsible for conducting absentee voting, the
circuit clerk shall transfer the absentee ballots to the clerk of
the county commission prior to the beginning of absentee voting.
(b) The clerk of the county commission official designated to
supervise and conduct absentee voting shall be primarily
responsible for the mailing, receiving, delivering and otherwise
handling of all absent voters' ballots. He or she shall keep a
record, as may be prescribed by the Secretary of State, of all
ballots so delivered for the purpose of absentee voting, as well as
all ballots, if any, marked before him or her and shall deliver to the commissioner of election a certificate stating the number of
ballots delivered or mailed to absent voters and those marked
before him or her, if any, and the names of the voters to whom
those ballots have been delivered or mailed or by whom they have
been marked, if marked before him or her.ARTICLE 4. VOTING MACHINES.

(a) The ballot commissioners of any county in which voting
machines are to be used in any election shall cause to be printed
for use in the election the ballot labels for the voting machines
and paper ballots for absentee voting, voting by persons unable to
use the voting machine and provisional ballots or if an electronic
voting system or direct recording election equipment is to be used
in an election, the ballot commissioners shall comply with
requirements of section eleven, article four-a of this chapter.
The labels shall be clearly printed in black ink on clear white
material in a size that will fit the ballot frames. The paper
ballots shall be printed in compliance with the provisions of this
chapter governing paper ballots.
(b) The heading, the names and arrangement of offices and the
printing and arrangement of names of the candidates for each office
indicated must be placed on the ballot for the primary election as
nearly as possible according to the provisions of sections thirteen
and thirteen-a, article five of this chapter and for the general election according to the provisions of section two, article six of
this chapter: Provided, That the staggering of the names of
candidates in multicandidate races and the instructions to straight
ticket voters prescribed by section two, article six of this
chapter shall appear on paper ballots but shall not appear on
ballot labels for voting machines which mechanically control
crossover voting.
(c) Each question to be voted on must be placed at the end of
the ballot and must be printed according to the provisions of the
laws and regulationsrules governing the question.
(d) The ballot labels printed must total in number one and
one-half times the total number of corresponding voting machines to
be used in the several precincts of the county in the election.
All the labels must be delivered to the clerk of the circuit court
county commission at least twenty-eight days prior to the day of
the election. The clerk of the circuit courtcounty commission
shall determine the number of paper ballots needed for absentee
voting and to supply the precincts for provisional ballots and
ballots to be cast by persons unable to use the voting machine.
All required paper ballots shall be delivered to the clerk of the
circuit courtcounty commission at least forty-two days prior to
the day of the election.
(e) When the ballot labels and absentee ballots are delivered,
the clerk of the circuit courtcounty commission shall examine them
for accuracy, assure that the appropriate ballots and ballot labels are designated for each voting precinct and deliver the ballot
labels to the clerk of the county commission who shall insert one
set in each machine prior to the inspection of the machines as
prescribed in section twelve of this article. The remainder of the
ballot labels for each machine shall be retained by the clerk of
the county commission for use in an emergency.
(f) In addition to all other equipment and supplies required
by the provisions of this article, the ballot commissioners shall
cause to be printed a supply of instruction cards, sample ballots
and facsimile diagrams of the voting machine ballot adequate for
the orderly conduct of the election in each precinct in their
county. In addition, they shall provide appropriate facilities for
the reception and safekeeping of the ballots of absent voters and
of challenged voters and of the "independent" voters who shall, in
primary elections, cast their votes on nonpartisan candidates and
public questions submitted to the voters.

§3-4-12. Inspection of machines; duties of county commission,
ballot commissioners and election commissioners; keys
and records relating to machines.

When the clerk of the county commission has completed the
preparation of the voting machines, as provided in the next
preceding section eleven of this article, and not later than seven
days before the day of the election, he or she shall notify the
members of the county commission and the ballot commissioners that
the machines are ready for use. Thereupon the members of the county commission and the ballot commissioners shall convene at the
office of the clerk, or at such other place wherein the voting
machines are stored, not later than five days before the day of the
election, and shall examine the machines to determine whether the
requirements of this article have been met. Any candidate, and one
representative of each political party having candidates to be
voted on at the election, may be present during suchthe
examination. If the machines are found to be in proper order, the
members of the county commission and the ballot commissioners shall
endorse their approval in the book in which the clerk entered the
numbers of the machines opposite the numbers of the precincts. The
clerk shall then deliver the keys to the voting machines to the
ballot commissioners who shall give a receipt for the keys, which
receipt shall contain identification of such keys. Not later than
one day before the election the election commissioner of each
precinct, who shall have been previously designated by the ballot
commissioners, shall attend at the office of the clerks of the
circuit andclerk of the county commissions of such county
commission to receive the key or keys to the device covering the
registering counters and such other keys as may be necessary for
the operation of the machine in registering votes, and to receive
the other necessary election records, books and supplies required
by law. SuchThe election commissioners shall receive the per diem
mileage rate prescribed by law for this service. SuchThe election
commissioners shall give the ballot commissioners a receipt for suchthe keys, records, books and supplies. and suchThe receipt
shall contain identification of suchthe keys. The master key and
all other keys shall remain in the possession of the clerk of the
county commission.The term "assistance in voting," as used in this section,
means assistance in physically marking the official ballot for a
voter, or reading or directing the voter's attention to any part of
the official ballot, or physically operating the voting machine.§3-4-12a. Supplies by special messenger.
In case any commissioner of election shall fail to appear at
the offices of the clerksclerk of the county commission and
circuit court by the close of the clerks' officesclerk's office on
the day prior to any election, the board of ballot commissioners,
the chairman thereof shall cause all necessary election records,
books and supplies to be delivered by special messenger in the same
manner and under the same terms and conditions as is provided for
the dispatch of the special messenger under the provisions of
section twenty-five, article one of this chapter.ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.

In counties using electronic voting systems utilizing vote
recording devices:
(1) The number of ballot labels printed, where applicable, are to equal one and one-half times the total number of corresponding
vote recording devices to be used in the election. All labels are
to be delivered to the clerk of the county commission at least
thirty-five days prior to the election. The circuit clerk shall
immediately examine the ballot labels for accuracy and assure that
the appropriate ballot labels are designated for each voting
precinct.
(2) The total number of ballot cards printed and the number
packaged for each precinct and the requirements for ballot colors
and packaging are to conform as nearly as possible to the
requirements for paper ballots. Official ballot cards printed and
packaged for the various precincts are to be delivered to the clerk
of the circuit courtcounty commission at least twenty-eight days
prior to the election.
(3) The necessary number of ballot cards, ballot labels,
sample ballots, and other supplies necessary for absentee voting
are to be delivered to the clerk of the county commission at least
forty-two days prior to the election. The clerk shall immediately
check the ballot labels to assure their accuracy and shall place
them in vote recording devices which are clearly designated for the
proper district or party, or both, for the purpose of absentee
voting.
(4) When the ballot labels are delivered to the clerk of the
county commission, the clerk shall place them in the vote recording
devices in the proper order. The clerk of the county commission shall retain the remainder of the ballot labels for each machine
for use in an emergency.
(5) The clerk of the county commission shall then seal the
vote recording devices so as to prevent tampering with ballot
labels, and enter in an appropriate book, opposite the number of
each precinct, the identifying or distinguishing number of the
specific vote recording device or devices to be used in that
precinct.

When the clerk of the county commission has completed the
preparation of the ballots and vote recording devices as provided
in sections eleven, eleven-a and twelve of this article and as
provided in section twenty-one, article one of this chapter, and
not later than seven days before the day of the election, he or she
shall notify the members of the county commission and the ballot
commissioners that the ballots and devices, where applicable, are
ready for use. Thereupon the members of the county commission and
the ballot commissioners shall convene at the office of the clerk
or at such other place wherein the vote recording devices, where
applicable, and ballots are stored, not later than five days before the day of the election, and shall inspect the devices and the
ballots to determine whether the requirements of this article have
been met. Notice of the place and time of such inspection shall be
published, no less than three days prior thereto, as a Class I-0
legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area
for suchthe publication shall be the county involved. Any
candidate and one representative of each political party on the
ballot may be present during such examination. If the devices,
where applicable, and ballots are found to be in proper order, the
members of the county commission and the ballot commissioners
shall, where applicable, endorse their approval in the book in
which the clerk entered the numbers of the devices opposite the
numbers of the precincts. The vote recording devices and the
ballots shall then be secured in double lock rooms. The county
clerk and the president or president pro tempore of the county
commission shall each have a key. The rooms shall be unlocked only
in their presence and only for the removal of the devices, where
applicable, and the ballots for transportation to the polls. Upon
such removal of the devices and ballots, the county clerk and
president or president pro tempore of the county commission shall
certify in writing signed by them that the devices, where
applicable, and packages of ballots were found to be sealed when
removed for transportation to the polls.
Not later than one day before the election the election commissioner of each precinct who shall have been previously
designated by the ballot commissioners, shall attend at the office
of the clerks of the circuit court andclerk of the county
commission of such county to receive the necessary election
records, books and supplies required by law. SuchThe election
commissioners shall receive the per diem mileage rate prescribed by
law for this service. SuchThe election commissioners shall give
the ballot commissioners a sequentially numbered written receipt,
on a printed form, provided by the clerk of the county commission,
for such records, books and supplies. SuchThe receipt shall be
prepared in duplicate. One copy of the receipt shall remain with
the clerk of the county commission and one copy shall be delivered
to the president or president pro tempore of the county commission.§3-4A-13a. Supplies by special messenger.
In case any commissioner of election shall fail to appear at
the offices of the clerksclerk of the county commission and
circuit court by the close of the clerks' officesclerk's office on
the day prior to any election, the board of ballot commissioners,
the chairman thereof or the circuit clerk of the county commission
shall cause all necessary election records, books and supplies to
be delivered by special messenger in the same manner and under the
same terms and conditions as is provided for the dispatch of the
special messenger under the provisions of section twenty-five,
article one of this chapter.ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.

Any person who is eligible and seeks to hold an office or
political party position to be filled by election in any primary or
general election held under the provisions of this chapter shall
file a certificate of announcement declaring as a candidate for the
nomination or election to the office.
(a) The certificate of announcement shall be filed as follows:
(1) With the Secretary of State, if it be an office or
political position to be filled by the voters of more than one
county;
(2) With the clerk of the circuit courtcounty commission, if
it be for an office to be filled by the voters of a single county
or of a subdivision less than a county;
(3) With the recorder or city clerk if it be for an office to
be filled by the voters of a municipality.
The certificate of announcement shall be filed with the proper
officer not earlier than the second Monday in January next
preceding the primary election day, and not later than the last
Saturday in January next preceding the primary election day, and
must be received before midnight, eastern standard time, of that
day or, if mailed, shall be postmarked by the United States Postal
Service before that hour.
(b) The certificate of announcement shall be in a form
prescribed by the Secretary of State on which the candidate shall make a sworn statement before a notary public or other officer
authorized to give oaths, containing the following information:
(1) The date of the election in which the candidate seeks to
appear on the ballot;
(2) The name of the office sought; the district, if any; and
the division, if any;
(3) The legal name of the candidate, and the exact name the
candidate desires to appear on the ballot, subject to limitations
prescribed in section thirteen, article five of this chapter;
(4) The county of residence and a statement that the candidate
is a legally qualified voter of that county; and the magisterial
district of residence for candidates elected from magisterial
districts or under magisterial district limitations;
(5) The specific address designating the location at which the
candidate resides at the time of filing, including number and
street or rural route and box number, and city, state and zip code;
(6) For partisan elections, the name of the candidate's
political party, and a statement that the candidate is a member of
and affiliated with that political party as is evidenced by the
candidate's current registration as a voter affiliated with that
party, and that the candidate has not been registered as a voter
affiliated with any other political party for a period of sixty
days before the date of filing the announcement;
(7) For candidates for delegate to national convention, the
name of the presidential candidate to be listed on the ballot as the preference of the candidate on the first convention ballot; or,
a statement that the candidate prefers to remain "uncommitted";
(8) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith;
(9) The words "subscribed and sworn to before me this ______
day of _____________, 1920____," and a space for the signature of
the officer giving the oath.
The Secretary of State or the board of ballot commissioners,
as the case may be, may refuse to certify the candidacy or remove
the certification of the candidacy upon receipt of a certified copy
of the voter's registration record of the candidate evidencing that
the candidate was registered as a voter in a party other than the
one named in the certificate of announcement during the sixty days
immediately preceding the filing of the certificate: Provided,
That unless a signed formal complaint of violation of this section
and the certified copy of the voter's registration record of the
candidate be filed with the officer receiving that candidate's
certificate of announcement no later than ten days following the
close of the filing period, the candidate shall not be refused
certification for this reason.
(c) The certificate of announcement shall be subscribed and
sworn to by the candidate before some officer qualified to
administer oaths, who shall certify the same. Any person who
knowingly provides false information on the certificate is guilty
of false swearing and shall be punished as set forth in section three, article nine of this chapter.
(d) Any candidate for delegate to a national convention may
change his or her statement of presidential preference by notifying
the Secretary of State by letter received by the Secretary of State
no later than the third Tuesday following the close of candidate
filing. When the rules of the political party allow each
presidential candidate to approve or reject candidates for delegate
to convention who may appear on the ballot as committed to that
presidential candidate, the presidential candidate or the
candidate's committee on his or her behalf may file a list of
approved or rejected candidates for delegate, and the Secretary of
State shall list as "uncommitted" any candidate for delegate who is
disapproved by the presidential candidate.
(e) No person shall be a candidate for more than one office or
office division at any election: Provided, That a candidate for an
office may also be a candidate for president of the United States,
for membership on a political party executive committee or for
delegate to a political party national convention. Notwithstanding
the provisions of this section, nothing shall prohibit a candidate
from jointly running for or holding the offices of county clerk and
circuit clerk in those counties which operate a joint clerkship
system.
(f) Any candidate who files a certificate of announcement for
more than one office or division and does not withdraw, as provided
by section eleven, article five of this chapter, from all but one office prior to the close of the filing period shall not be
certified by the Secretary of State or placed on the ballot for any
office by the board of ballot commissioners.
The provisions of this section enacted during the regular
session of the Legislature in the year one thousand nine hundred
ninety-one shall apply to the primary election held in the year one
thousand nine hundred ninety-two and every primary election held
thereafter. The provisions of this section enacted during the
regular session of the Legislature in the year one thousand nine
hundred ninety-eight shall apply to the primary election held in
the year two thousand and every primary election held thereafter.§3-5-8. Filing fees and their disposition.
Every person who becomes a candidate for nomination for or
election to office in any primary election shall, at the time of
filing the certificate of announcement as required in this article,
pay a filing fee as follows:
(a) A candidate for president of the United States, for vice
president of the United States, for United States Senator, for
member of the United States House of Representatives, for Governor
and for all other state elective offices shall pay a fee equivalent
to one percent of the annual salary of the office for which the
candidate announces: Provided, That the filing fee for any
candidate for president or vice president of the United States
shall not exceed two thousand five hundred dollars commencing with
the two thousand four filing period;
(b) A candidate for the office of judge of a circuit court and
judge of a family court shall pay a fee equivalent to one percent
of the total annual salary of the office for which the candidate
announces;
(c) A candidate for member of the House of Delegates shall pay
a fee of one-half percent of the total annual salary of the office
and a candidate for State Senator shall pay a fee of one percent of
the total annual salary of the office;
(d) A candidate for sheriff, prosecuting attorney, circuit
clerk, county clerk, assessor, member of the county commission and
magistrate shall pay a fee equivalent to one percent of the annual
salary, excluding any additional compensation or commission of the
office for which the candidate announces. A candidate for county
board of education shall pay a fee of twenty-five dollars. A
candidate for any other county office shall pay a fee of ten
dollars;
(e) Delegates to the national convention of any political
party shall pay the following filing fees:
A candidate for delegate-at-large shall pay a fee of twenty
dollars; and a candidate for delegate from a congressional district
shall pay a fee of ten dollars;
(f) Candidates for members of political executive committees
and other political committees shall pay the following filing fees:
A candidate for member of a state executive committee of any
political party shall pay a fee of twenty dollars; a candidate for member of a county executive committee of any political party shall
pay a fee of ten dollars; and a candidate for member of a
congressional, senatorial or delegate district committee of any
political party shall pay a fee of five dollars.
Candidates filing for an office to be filled by the voters of
one county shall pay the filing fee to the clerk of the circuitcountycourtcommission and candidates filing for an office to be
filled by the voters of more than one county shall pay the filing
fee to the Secretary of State at the time of filing their
certificates of announcement and no certificate of announcement
shall be received until the filing fee is paid.
All moneys received by suchthe clerk from suchthe fees shall
be credited to the general county fund. Moneys received by the
Secretary of State from fees paid by candidates for offices to be
filled by all the voters of the state shall be deposited in a
special fund for that purpose and shall be apportioned and paid by
him or her to the several counties on the basis of population and
that received from candidates from a district or judicial circuit
of more than one county shall be apportioned to the counties
comprising the district or judicial circuit in like manner. When
such moneys are received by sheriffs, it shall be credited to the
general county fund.§3-5-8a. Nominating petitions as alternatives to filing fees; oath
of impecuniosity required; petition in lieu of payment
of filing fee.
A candidate seeking nomination to any office who is unable to
pay the filing fee may qualify through the following petition
process in lieu of payment of the filing fee.
The candidate shall file an oath with the appropriate office
required under section eight of this article stating that he or she
is unable to pay the filing fee due to a lack of financial
resources. Such oath shall be filed not earlier than the second
Monday in January next preceding the primary election day.
Upon receipt of the written oath the receiving officer shall
provide the candidate with in-lieu-of-filing-fee petition forms and
instructions on gathering the required signatures. The number of
required signatures shall be four qualified voters for each whole
dollar of the filing fee: Provided, That the filing fee shall be
waived, in whole and not in part. Only signatures of voters
registered in the county, district or other political division
represented by the office sought may be solicited. Solicitors of
signatures shall also be residents of the county, district or other
geographical entity represented by the office sought: Provided,
however, That for offices to be filled by the voters of more than
one county, separate petition forms shall be used for the
signatures of qualified voters from each county.
No qualified voter forfeits his or her opportunity to vote in
the primary election by signing an in-lieu-of-filing-fee petition.
The candidate may submit a greater number of signatures to
allow for subsequent losses due to invalidity of some signatures. The county clerk of the county commission may not be required to
determine the validity of a greater number of signatures than that
required by this section.
Signatures obtained on an in-lieu-of-filing-fee petition shall
not be counted toward the number of voters required to sign a
nomination certificate in accordance with section twenty-three of
this article.
The candidate shall file all in-lieu-of-filing-fee petitions
with the required number of valid signatures with the county clerk
of the county commission or Secretary of State, as the case may be,
not later than the last date required by law for filing
declarations of candidacies and payment of the filing fee.
The oath and forms required by this section shall be
prescribed by the Secretary of State.§3-5-9. Certification and posting of candidacies.
By the eighty-fourth day next preceding the day fixed for the
primary election, the Secretary of State shall arrange the names of
all candidates, who have filed announcements with him or her, as
provided in this article, and who are entitled to have their names
printed on any political party ballot, in accordance with the
provisions of this chapter, and shall forthwith certify the same
under his or her name and the lesser seal of the state, and file
the same in his or her office.SuchThe certificate of candidates shall show: (1) The name
and residence of each candidate; (2) the office for which he or she is a candidate; (3) the name of the political party of which he or
she is a candidate; (4) upon what ballot his or her name is to be
printed; and (5) in the case of a candidate for delegate to the
national convention of any political party, the name of the person
the candidate prefers as the presidential nominee of his or her
party, or if he or she has no preference, the word "uncommitted".
The Secretary of State shall post a duplicate of suchthe
certificate in a conspicuous place in his or her office and keep
same posted until after the primary election.
Immediately upon completion of such certification, the
Secretary of State shall ascertain therefrom the candidates whose
names are to appear on the primary election ballots in the several
counties of the state and shall certify to the clerk of the circuit
courtcounty commission in each county the certificate information
relating to each of the candidates whose names are to appear on the
ballot in suchthat county. He or she shall transmit suchthe
certificate to the several clerks by registered or certified mail,
but, in emergency cases, he may resort to other reliable and speedy
means of transmission which may be available so that such
certificates shall reach the several clerks by the seventieth day
next preceding such primary election day.
The provisions of this section shall apply to the primary
election held in the year one thousand nine hundred eighty-six and
every primary election held thereafter.§3-5-11. Withdrawals; filling vacancies in candidacy; publication.
(a) A candidate who has filed a certificate of announcement
and wishes to withdraw and decline to stand as a candidate for the
office shall file a signed and notarized statement of withdrawal
with the same officer with whom the certificate of announcement was
filed. If suchthe statement of withdrawal is received not later
than the third Tuesday following the close of candidate filing, the
name of a candidate who files that statement of withdrawal may not
be printed on the ballot. No candidate who files a statement of
withdrawal after that time may have his or her name removed from
the ballot.
(b) Upon request of the candidate's family, the board of
ballot commissioners may remove the name of a candidate who dies
before the ballots are printed. If a candidate dies after the
ballots are printed but before the election, the clerk of the
circuit courtcounty commission shall give a written notice which
shall be posted with the sample ballot at each precinct with the
county to the following effect: "To the voter: (name) of
(residence), a candidate for (office) is deceased."
(c) If after the time is closed for announcing as a candidate
there is a vacancy on the ballot caused by failure of any person of
a party to file for each available seat of each available office,
the executive committee of the party for the political division
within which such candidate was to be voted for, or its chair if
the committee fails to act, may fill the vacancy and certify the
candidate named to the appropriate filing officer. Certification of the appointment by the executive committee or its chair, the
candidate's certificate of announcement, and the filing fee must be
received by the appropriate filing officer as follows: For an
appointment by an executive committee, no later than the second
Friday following the close of filing, for an appointment by its
chair, no later than the third Tuesday following the close of
filing. A candidate appointed to fill a vacancy on the ballot
under this subsection shall have his or her name printed on the
primary ballot for that party.§3-5-12. Official and sample ballots; color.
There shall be a separate ballot printed on different colored
paper, for each political party participating in the primary
election, and the ballot of no two parties shallmay be of the same
color or tint. The Secretary of State shall select and determine
the color of the paper of the ballot of each of the parties, and
shall notify the clerk of the circuit courtcounty commission of
each county thereof, at the time he or she certifies the names of
the candidates of the various parties to saidthe clerk, as herein
provided.
A different color of paper shall be selected and designated by
the Secretary of State for each party. and theThe sample ballots
of each party shall be of a different color than the official
ballot and of a different color from one another. and thereThere
shall be printed across the face of such sample ballot in large
letters the words "sample ballot". and noNo sample ballot shall be voted or counted in any election.

§3-5-13a. Order of offices and candidates on the ballot; uniform
drawing date.

(a) The order of offices for state and county elections on all
ballots within the state shall be as prescribed herein. When the
office does not appear on the ballot in an election, then it shall
be omitted from the sequence. When an unexpired term for an office
appears on the ballot along with a full term, the unexpired term
shall appear immediately below the full term.
NATIONAL TICKET: President (and Vice President in the general
election), United States Senator, member of the United States House
of Representatives
STATE TICKET: Governor, Secretary of State, Auditor,
Treasurer, Commissioner of Agriculture, Attorney General, Justice
of the Supreme Court of Appeals, State Senator, member of the House
of Delegates, circuit judge in multicounty districts, family court
judge in multicounty districts, any other multicounty office, state
executive committee
COUNTY TICKET: Circuit judge in single-county districts,
family court judge in single-county districts, clerk of the circuit
court, county commissioner, clerk of the county commission,
prosecuting attorney, sheriff, assessor, magistrate, surveyor,
congressional district executive committee, senatorial district
executive committee in multicounty districts, delegate district
executive committee in multicounty districts
NATIONAL CONVENTION: Delegate to the national convention --
at-large, delegate to the national convention -- congressional
district
DISTRICT TICKET: County executive committee.
(b) Except for office divisions in which no more than one
person has filed a certificate of announcement, the arrangement of
names for all offices shall be determined by lot according to the
following provisions:
(1) On the fourth Tuesday following the close of the candidate
filing, beginning at nine o'clock a. m., a drawing by lot shall be
conducted in the office of the clerk of the circuit courtcounty
commission in each county. Notice of the drawing shall be given on
the form for the certificate of announcement and no further notice
shall be required. The clerk of the circuit courtcounty
commission shall superintend and conduct the drawing and the method
of conducting the drawing shall be prescribed by the Secretary of
State.
(2) Except as provided herein, the position of each candidate
within each office division shall be determined by the position
drawn for that candidate individually: Provided, That if fewer
candidates file for an office division than the total number to be
nominated or elected, the vacant positions shall appear following
the names of all candidates for the office.
(3) Candidates for delegate to national convention who have
filed a commitment to a candidate for president shall be listed alphabetically within the group of candidates committed to the same
candidate for president and uncommitted candidates shall be listed
alphabetically in an uncommitted category. The position of each
group of committed candidates and uncommitted candidates shall be
determined by lot by drawing the names of the presidential
candidates and for an uncommitted category.
(4) A candidate or the candidate's representative may attend
the drawings.§3-5-18. Disposition of certificates of results.
The certificates of the board of canvassers made pursuant to
the preceding section shall be by them disposed of as follows: One
of the certificates showing the votes received by each candidate of
each party for each office to be filled by the voters of a
political division greater than a county, including members of the
State Executive Committee, shall be filed with the Secretary of
State, and by him preserved in his or her office, and a copy
thereof filed in the office of the clerk of the circuit court
county commission of the county of such board, to be preserved by
suchthe clerk, and which shall be open to public inspection; one
certificate showing the votes received by each candidate of each
party for each office to be filled by the voters of the county or
magisterial district within such county, including members of the
county executive committee, shall be filed with the clerk of the
circuit courtcounty commission, and by him preserved in his or her
office. If requested, the board of canvassers shall furnish to the county chairman of each political party a certificate showing the
number of votes received by each of the candidates of such party in
the county or any magisterial district therein.
The Secretary of State shall certify, under the seal of the
state, to the clerk of the circuit courtcounty commission of each
county in which a candidate is to be voted for, the name of the
candidate of each political party receiving the highest number of
votes in the political division in which he or she is a candidate,
and who is entitled to have his or her name placed on the official
ballot in the general election as the nominee of the party for such
office. The Secretary of State shall also certify in the same
manner the names of all candidates nominated by political parties
or by groups of citizens, not constituting a political party, in
any manner provided for making such nominations in this chapter.§3-5-19. Vacancies in nominations; how filled; fees.
(a) If any vacancy shall occur in the party nomination of
candidates for office nominated at the primary election or by
appointment under the provisions of section eleven of this article,
the vacancies may be filled, subject to the following requirements
and limitations:
(1) Each appointment made under this section shall be made by
the executive committee of the political party for the political
division in which the vacancy occurs: Provided, That if the
executive committee holds a duly called meeting in accordance with
section nine, article one of this chapter but fails to make an appointment or fails to certify the appointment of the candidate to
the proper filing officer within the time required, the chairperson
of the executive committee may make the appointment not later than
two days following the deadline for the executive committee.
(2) Each appointment made under this section is complete only
upon the receipt by the proper filing officer of the certificate of
appointment by the executive committee, or its chairperson, as the
case may be, the certificate of announcement of the candidate as
prescribed in section seven of this article and, except for
appointments made under subdivision (4), (5), (6) or (7) of this
subsection, the filing fee or waiver of fee as prescribed in
section eight or eight-a of this article. The proper filing
officer is the officer with whom the original certificate of
nomination is regularly filed for that office.
(3) If a vacancy in nomination is caused by the failure of a
candidate to file for an office, or by withdrawal of a candidate no
later than the third Tuesday following the close of candidate
filing pursuant to the provisions of section eleven of this
article, a nominee may be appointed by the executive committee and
certified to the proper filing officer no later than the Thursday
preceding the primary election.
(4) If a vacancy in nomination is caused by the
disqualification of a candidate and the vacancy occurs not later
than eighty-four days before the general election, a nominee may be
appointed by the executive committee and certified to the proper filing officer not later than seventy-eight days before the general
election. A candidate may be determined ineligible if a written
request is made by an individual with information to show a
candidate's ineligibility to the State Election Commission no later
than ninety-five days before the general election explaining
grounds why a candidate is not eligible to be placed on the general
election ballot or not eligible to hold the office, if elected.
The State Election Commission shall review the reasons for the
request. If the commission finds the circumstances warrant the
disqualification of the candidate, the Commission may authorize
appointment by the executive committee to fill the vacancy. Upon
receipt of the authorization a nominee may be appointed by the
executive committee and certified to the proper filing officer no
later than seventy-eight days before the general election.
(5) If a vacancy in nomination is caused by the incapacity of
the candidate and if the vacancy occurs not later than eighty-four
days before the general election, a nominee may be appointed by the
executive committee and certified to the proper filing officer no
later than seventy-eight days before the general election.
(6) If a vacancy in nomination is caused by the withdrawal of
the candidate no later than ninety-eight days before the general
election due to extenuating personal circumstances which will
prevent the candidate from serving in the office if elected and if
the candidate or the chairperson of the executive committee for the
political division applies in writing to the State Election Commission no later than ninety-five days before the general
election for permission to remove the candidate's name from the
general election ballot, the State Election Commission shall review
the reasons for the request. If the Commission finds the
circumstances warrant the withdrawal of the candidate, the
Commission shall authorize appointment by the executive committee
to fill the vacancy. Upon receipt of the authorization, a nominee
may be appointed by the executive committee and certified to the
proper filing officer no later than seventy-eight days before the
general election.
(7) If a vacancy in nomination is caused by the death of the
candidate occurring no later than twenty-five days before the
general election, a nominee may be appointed by the executive
committee and certified to the proper filing officer no later than
twenty-one days following the date of death or no later than
twenty-two days before the general election, whichever date occurs
first.
(b) Except as otherwise provided in article ten of this
chapter, if any vacancy occurs in a partisan office or position
other than political party executive committee, which creates an
unexpired term for a position which would not otherwise appear on
the ballot in the general election, and the vacancy occurs after
the close of candidate filing for the primary election but not
later than eighty-four days before the general election, a nominee
of each political party may be appointed by the executive committee and certified to the proper filing officer no later than
seventy-eight days before the general election. Appointments shall
be filed in the same manner as provided in subsection (a) of this
section, except that the filing fee shall be paid before the
appointment is complete.
(c) When a vacancy occurs in the board of education after the
close of candidate filing for the primary election but not later
than eighty-four days before the general election, a special
candidate filing period shall be established. Candidates seeking
election to any unexpired term for board of education shall file a
certificate of announcement and pay the filing fee to the clerk of
the circuit courtcounty commission no earlier than the first
Monday in August and no later than seventy-seven days before the
general election.

(a) Groups of citizens having no party organization may
nominate candidates for public office otherwise than by conventions
or primary elections. In such case, the candidate or candidates,
jointly or severally, shall file a declaration with the Secretary
of State if the office is to be filled by the voters of more than
one county, or with the clerk of the circuit courtcounty
commission of the county if the office is to be filled by the
voters of one county or political subdivision thereof; such
declaration to be filed at least thirty days prior to the time of filing the certificate provided by section twenty-four of this
article: Provided, That the deadline for filing the certificate
for persons seeking ballot access as a candidate for the office of
president or vice president shall be filed not later than the first
day of August preceding the general election. At the time of
filing of such declaration each candidate shall pay the filing fee
required by law, and if such declaration is not so filed or the
filing fee so paid, the certificate shall not be received by the
Secretary of State, or clerk of the circuit courtcounty
commission, as the case may be.
(b) The person or persons soliciting or canvassing signatures
of duly qualified voters on such certificate or certificates, may
solicit or canvass duly registered voters residing within the
county, district or other political division represented by the
office sought, but must first obtain from the clerk of the county
commission credentials which must be exhibited to each voter
canvassed or solicited, which credentials may be in the following
form or effect:
State of West Virginia, County of ................., ss:
This certifies that ..............................., whose
post-office address is ..............................., is hereby
authorized to solicit and canvass duly registered voters residing
in .................. (here place the county, district or other
political division represented by the office sought) to sign a
certificate purporting to nominate ............................ (here place name of candidate heading list on certificate) for the
office of .......................... and others, at the general
election to be held on ..................., 20....
Given under my hand and the seal of my office this
............... day of ........................., 20......
...............................................
Clerk, County Commission of ........... County.
The clerk of each county commission, upon proper application
made as herein provided, shall issue such credentials and shall
keep a record thereof.
(c) The certificate shall be personally signed by duly
registered voters, in their own proper handwriting or by their
marks duly witnessed, who must be residents within the county,
district or other political division represented by the office
sought wherein suchthe canvass or solicitation is made by the
person or persons duly authorized. SuchThe signatures need not
all be on one certificate. The number of such signatures shall be
equal to not less than two percent of the entire vote cast at the
last preceding general election for the office in the state,
district, county or other political division for which the
nomination is to be made, but in no event shall the number be less
than twenty-five. The number of such signatures shall be equal to
not less than two percent of the entire vote cast at the last
preceding general election for any statewide, congressional or
presidential candidate, but in no event shall the number be less than twenty-five. Where two or more nominations may be made for
the same office, the total of the votes cast at the last preceding
general election for the candidates receiving the highest number of
votes on each ticket for such office shall constitute the entire
vote. No signature on sucha certificate shall be counted unless
it be that of a duly registered voter of the county, district or
other political division represented by the office sought wherein
suchthe certificate was presented. It shall be the duty of those
soliciting signatures to read to each voter whose signature is
solicited the statement written on the certificate which gives
notice that no person signing suchthe certificate shall vote at
any primary election to be held to nominate candidates for office
to be voted for at the election to be held next after the date of
signing such certificate.
(d) SuchThe certificates shall state the name and residence
of each of suchthe candidates; that he or she is legally qualified
to hold suchthe office; that the subscribers are legally qualified
and duly registered as voters and desire to vote for suchthe
candidates; and may designate, by not more than five words, a brief
name of the party which such candidates represent and may adopt a
device or emblem to be printed on the official ballot. All
candidates nominated by the signing of such certificates shall have
their names placed on the official ballot as candidates, as if
otherwise nominated under the provisions of this chapter.
The Secretary of State shall prescribe the form and content of the nomination certificates to be used for soliciting signatures.
The content shall include the language to be used in giving written
and oral notice to each voter that signing of the nominating
certificate forfeits that voter's right to vote in the
corresponding primary election.
Offices to be filled by the voters of more than one county
shall use separate petition forms for the signatures of qualified
voters for each county.
(e) The Secretary of State, or the clerk of the circuit court
county commission, as the case may be, may investigate the validity
of suchthe certificates and the signatures thereon, and if upon
such investigation there may be doubt as to the legitimacy and the
validity of suchthe certificate, he or she may request the
Attorney General of the state, or the prosecuting attorney of the
county, to institute a quo warranto proceeding against the nominee
or nominees by certificate to determine his or their right to such
nomination to public office, and upon request being made, the
Attorney General or prosecuting attorney shall institute suchthe
quo warranto proceeding.
(f) Any person violating the provisions of this section, in
addition to penalties prescribed elsewhere for violation of this
chapter, is guilty of a misdemeanor and, upon conviction, shall be
fined not more than one thousand dollars, or confined in the county
or regional jail for not more than one year, or both, in the
discretion of the court: Provided, That no criminal penalty may be imposed upon anyone who signs a nomination certificate and votes in
the primary election held after the date the certificate was
signed.§3-5-24. Filing of nomination certificates; time.
All certificates nominating candidates for office under the
preceding section, including a candidate for the office of
presidential elector, shall be filed, in the case of a candidate to
be voted for by the voters of the entire state or by any
subdivision thereof other than a single county, with the Secretary
of State, and in the case of all candidates for county and
magisterial district offices, including all offices to be filled by
the voters of a single county, with the clerk of the circuit court
of the county commission, not later than the day preceding the date
on which the primary election is held. After suchthat date no
such certificate shall be received by such officers.ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.§3-6-4. Late nominations; stickers.
If a nomination to fill a vacancy beis made by a political
party executive committee or, on its failure to so act within the
time prescribed by law, beis made by the chairman of suchthe
committee, and be certified to the clerk of the circuit court
county commission after the ballots to be used at the ensuing
election shall have been printed, the clerk shall forthwith lay
such certificates before the ballot commissioners who, without
delay, shall prepare, or cause to be prepared, and deliver, or cause to be delivered, to the election commissioners of each
precinct in which suchthe candidate is to be voted for, a number
of stickers, containing only the name of suchthe candidate, at
least equal to the total number of ballots provided for suchthe
precinct; but no such stickers shall be furnished to or received by
any person except a commissioner of election. It shall beis the
duty of the commissioners holding the election to deliver such
stickers to the poll clerks, who shall, in the presence of the
election commissioners, affix one of suchthe stickers in a careful
manner at the proper place for the name of the candidate, upon each
ballot to be voted at the election, before the poll clerks shall
sign their names on the ballots. SuchThe stickers may be
delivered to the election officers, by the clerk of the county
courtcommission, with the ballots, poll books and other supplies.§3-6-4a. Filing requirements for write-in candidates.
Any eligible person who seeks to be elected by write-in votes
to an office, except delegate to national convention, which is to
be filled in a primary, general or special election held under the
provisions of this chapter, shall file a write-in candidate's
certificate of announcement as provided in this section. No
certificate of announcement may be accepted and no person may be
certified as a write-in candidate for a political party nomination
for any office or for election as delegate to national convention.
(a) The write-in candidate's certificate of announcement shall
be in a form prescribed by the Secretary of State on which the candidate shall make a sworn statement before a notary public or
other officer authorized to give oaths containing the following
information:
(1) The name of the office sought and the district and
division, if any;
(2) The legal name of the candidate and the first and last
name by which the candidate may be identified in seeking the
office;
(3) The specific address designating the location at which the
candidate resides at the time of filing, including number and
street or rural route and box number and city, state and zip code;
(4) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith; and
(5) The words "subscribed and sworn to before me this ______
day of _____________, ____" and a space for the signature of the
officer giving the oath.
(b) The certificate of announcement shall be filed with the
filing officer for the political division of the office as
prescribed in section seven, article five of this chapter.
(c) The certificate of announcement shall be filed with and
received by the proper filing officer as follows:
(1) Except as provided in subdivisions (2) and (3) of this
subsection, the certificate of announcement for any office shall be
received no later than the close of business on the twenty-first
day before the election at which the office is to be filled;
(2) When a vacancy occurs in the nomination of candidates for
an office on the ballot resulting from the death of the nominee or
from the disqualification or removal of a nominee from the ballot
by a court of competent jurisdiction not earlier than the
twenty-first day nor later than the fifth day before the general
election, the certificate shall be received no later than the close
of business on the fifth day before the election or the close of
business on the day following the occurrence of the vacancy,
whichever is later;
(3) When a vacancy occurs in an elective office which would
not otherwise appear on the ballot in the election, but which
creates an unexpired term of one or more years which, according to
the provisions of this chapter, is to be filled by election in the
next ensuing election and the vacancy occurs no earlier than the
twenty-first day and no later than the fifth day before the general
election, the certificate shall be received no later than the close
of business on the fifth day before the election or the close of
business on the day following the occurrence of the vacancy,
whichever is later.
(d) Any eligible person who files a completed write-in
candidate's certificate of announcement with the proper filing
officer within the required time shall be certified by that filing
officer as an official write-in candidate:
(1) The Secretary of State shall, immediately following the
filing deadline, post the names of all official write-in candidates for offices on the ballot in more than one county and certify the
name of each official write-in candidate to the clerks of the
circuit courtcounty commissions of the appropriate counties.
(2) The clerk of the circuit courtcounty commission shall,
immediately following the filing deadline, post the names of all
official write-in candidates for offices on the ballot in one
county and certify and deliver to the clerk of the county
commission and the election officials of the appropriate precincts,
the names of all official write-in candidates and the office sought
by each for statewide, district and county offices on the ballot in
the precinct for which valid write-in votes will be counted and the
names shall be posted at the office where absentee voting is
conducted and at the precincts in accordance with section twenty,
article one of this chapter.ARTICLE 10. FILLING VACANCIES.§3-10-6. Vacancy in office of circuit court clerk.
When a vacancy occurs in the office of clerk of the circuit
court, the circuit court by a majority vote of the judges, or the
chief judge thereof in vacation, shall fill the same by appointment
of a person of the same political party as the officeholder
vacating the office until the next general election, or until the
completion of the term if the term ends on the thirty-first day of
December following the next general election. and theThe person
so appointed shall hold office until his or her successor is
elected and qualified. At suchthe general election, a clerk shall be elected for the unexpired term if the unexpired term is greater
than one year. The circuit court, or the chief judge thereof in
vacation, shall cause a notice of suchthe election to be published
prior to suchthe election as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code. and theThe publication area for suchthe
publication shall be the county. If the vacancy occurs no later
than the eighty-fourth day before the primary election held to
nominate candidates to be voted for at the general election, at
which any such vacancy is to be filled, candidates to fill suchthe
vacancy shall be nominated at suchthe primary election in
accordance with the time requirements and the provisions and
procedures prescribed in section eleven, article five of this
chapter. If the vacancy occurs after the eighty-fourth day before
the primary but not later than the eighty-fourth day before the
general election, they shall be nominated by the county executive
committee in the manner provided in section nineteen, article five
of this chapter, as in the case of filling vacancies in
nominations, and the names of the persons, so nominated and
certified to the clerk of the circuit courtcounty commission of
suchthe county, shall be placed upon the ballot to be voted at
suchthe next general election.